Rights of the accused.
The
rights of the accused are described in the Criminal Procedures
Act. The accused must be informed of the nature of the
charge(s) brought against him or her upon being arrested
and attending court for the first time. The accused must
also be given the chance to refute the grounds on which
the charge is based.
Although
the accused has a general right to attend court proceedings
and to summon and examine witnesses, the court can order
him or her to leave the courtroom while a witness is being
examined "if there is special reason to fear that
an unreserved statement will not otherwise be made."
The accused must be informed subsequently of the proceedings
that occurred in his or her absence. In special circumstances,
such as if national security interests are at stake, the
accused may be entirely excluded from the proceedings.
The
court's verdict must be communicated to the accused as
soon as possible, along with information on rights of
appeal. Court judgements and orders are to be accompanied
by reasons.
The
accused has the right to bring appeals against court verdicts,
both on questions of fact and questions of law. There
are, however, several limitations on the exercise of this
right. For example, appeals to the Supreme Court, which
is the highest judicial body, can only take place if permitted
by the Court's Appeals Selection Committee (Kjæremålsutvalget).
Moreover, the general rule is that such appeals can only
be based on alleged errors of law. In other words, the
Supreme Court is unable to try questions of evidence related
to the issue of guilt.
The
accused do not have the right to have their cases tried
by jury. As a basic rule, however, appeals from verdicts
reached by the court of first instance on cases concerning
felonies punishable by more than 6 years' imprisonment
are dealt with by the High Court (Lagmannsrett). In these
cases, there is a jury (lagrett) present to decide the
question of guilt.
Assistance
to the accused.
As a general rule, the accused is entitled to the assistance
of defence counsel of his or her choice during all stages
of the judicial process. The accused is also provided
with the free assistance of defence counsel, chosen by
the court, during the main court hearing. There are several
exceptions to the latter rule, such as if the case involves
a certain minor offence, like driving under the influence
of alcohol, or when the accused has made an unreserved
confession. However, these exceptions apply only in cases
tried by the City or District Court.
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